LIMITATION OF COMPANY’S LIABILITY. CUSTOMER UNDERSTANDS THAT ALTERNATIVE AND COMPETING INTERNET COMMUNICATIONS CARRIERS ARE AVAILABLE TO CUSTOMER; OCCASIONAL INTERRUPTION OR IRREGULARITIES IN THE SERVICE MAY OCCUR; ANY POTENTIAL HARM FROM INTERRUPTIONS OR IRREGULARITIES IN THE SERVICE IS SPECULATIVE IN NATURE; COMPANY CANNOT OFFER THE SERVICE AT RATES WHICH REFLECT ITS VALUE TO EACH CUSTOMER; AND COMPANY ASSUMES NO RESPONSIBILITY OTHER THAN THAT CONTAINED IN THIS AGREEMENT. ACCORDINGLY, CUSTOMER AGREES THAT EXCEPT AS LIMITED BY LAW, COMPANY'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING OUT OF MISTAKES, VIRUSES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN THE SERVICE OR TRANSMISSION OF SERVICE PROVIDED BY COMPANY OR ANY UNDERLYING COMMUNICATIONS CARRIER, OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF COMPANY OR ANY UNDERLYING COMMUNICATIONS CARRIER TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION, SHALL BE AS FOLLOWS:
LIMITATION OF COMPANY’S LIABILITY. 6.1 The Company does not give any warranty against defects in the goods supplied, be they patent or latent. The Company does not give any warranties or guarantees of any other nature or make any representations whatsoever in respect of the goods, or of its fitness for any particular purpose, whether or not that particular purpose is, or could be, deemed to be known to the Company, other than any warranty or guarantee that may have been expressly given in writing. The Company shall be deemed to be unaware of the particular purpose for which the goods or any product made there from is required.
LIMITATION OF COMPANY’S LIABILITY. THE BOAT SLIP IS TO BE USED AT BOAT OWNER'S SOLE RISK. COMPANY SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE BOAT, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE BOAT, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COMPANY'S NEGLIGENCE. BOAT OWNER HAS EXAMINED THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS BOAT. BOAT OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER BOATS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOAT, BOAT OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE BOAT OWNER. INDEMNITY OF COMPANY: BOAT OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY'SEMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE BOAT, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING COMPANY EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT, INCLUDING PASSAGE OF INVITEES/GUESTS WHILE BOARDING OR LEAVING BOAT AND THEIR TRANSIT OVER DOCKS/LEASED PREMISES; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF BOAT OWNER'S USE OF THE MARINA FACILITIES, THE PRESENCE OF BOAT OWNER'S BOAT, CAR OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING OF THE BOAT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF COMPANY'S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, AND BOAT OWNER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES COMPANY FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF BOAT OWNER, ALL EXPENSES INCURRED BY COMPANY TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON COMPANY'S DEMAND.
LIMITATION OF COMPANY’S LIABILITY. 7.1 COMPANY shall not under any circumstances whatsoever be liable for any loss (which expression under this article includes injury, damage or delay) or for any consequence of any such loss arising out of any cause whatsoever beyond COMPANY’s reasonable control or any malfunctioning of or defect in or failure of any of the ASSET by COMPANY and COMPANY shall not under any circumstances whatsoever be liable for any consequential loss or damage howsoever caused.
LIMITATION OF COMPANY’S LIABILITY. THE BOAT SLIP IS TO BE USED AT BOAT OWNER’S SOLE RISK. COMPANY SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE BOAT, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE BOAT, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COMPANY’S NEGLIGENCE. BOAT OWNER HAS EXAMINED THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS BOAT. BOAT OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER BOATS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE BOAT, BOAT OWNER, HIS OR HER GUESTS, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE BOAT OWNER.
LIMITATION OF COMPANY’S LIABILITY. (1) Notwithstanding anything to the contrary contained in this Agreement except for the provisions set out in Section 5.04(2) the liability of the Company to HD Services and any HD Indemnified Person from and against any Claims in connection with the provision of the Services by HD Services shall not exceed the amount (the “Cap”) that is the higher of:
LIMITATION OF COMPANY’S LIABILITY. The Sub-Adviser acknowledges that it has received notice of and accepts the limitations upon the Company's liability set forth in its Articles of Incorporation and under Maryland law. The Sub-Adviser agrees that any of the Company's obligations shall be limited to the assets of the Portfolio and that the Sub-Adviser shall not seek satisfaction of any such obligation from the shareholders of the Company nor from any Director, officer, employee or agent of the Company.
LIMITATION OF COMPANY’S LIABILITY. The Advisor acknowledges that it has received notice of and accepts the limitations of the Company's liability as set forth in its Articles of Incorporation. The Advisor agrees that the Company's obligations hereunder shall be limited to the Series and to its assets and that the Advisor shall not seek satisfaction of any such obligation from the shareholders of the Series nor from any director, officer, employee or agent of the Company.
LIMITATION OF COMPANY’S LIABILITY. Notwithstanding any other provision hereof, the Company shall not be liable for any actual or potential loss or diminution of value Executive may incur or allege due to legal, financial accounting and/or internal Company policy restrictions applicable to Executive by reason of his or her position with the Company, including, without limitation, restrictions imposed by Section 16 of the Exchange Act,
LIMITATION OF COMPANY’S LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
